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Default Twice??


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Hi,

 

I have recently been getting harassed by a dca for an outstanding debt from an old credit, 1st credit oh joy, anyway i have sent a cca request and am awaiting a response non response and subsequent bombardment of telephone calls when the time limit expires and i canx the direct debit.

 

Anyway today i checked my credit report, and the debt does not appear on it in any form, i believe the original default was in 2002 or 2003, subseqently it has been passed around and ended up with 1st credit. Im assuming that the default has appeared in the past but has now been scratched as it has been over six years, my question is would 1st credit be able to enter a new default regarding this debt in any circumstances?

 

many thanks!

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dont think they are allowed to enter a new one , but could take over the first with permission from OC. BUT that wont stop them as this happened to me recently, DN 1998 from OC and recently another from DCA who bought debt 9yrs ago. All because I requested my CCA! oh they dont have one ;)

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Have you made any payment or written admission of this debt within the last six years? If not it would be 'Statute Barred' anyway.

 

yes unfort was making payments for last 10 months, ridiculous really, it was only last month i was made redundant from a banking recruitment job and couldnt pay so canx the direct debit, subsequently recieved some really ****ty phone calls, double figures in a fortnight, and then unbelievably caved into some phone monkey to start payments of 90 per month again out of my jobseekers allowance in the belief it wasnt worth the hassle.

 

i put the phone down, shook my head and remembered i was one of the first onboard here and the good advice several years ago so came back, and felt better immediately. am actually really looking forwards to next call, hopefully the next day after they dont recover my re instated direct debit.

 

anyhow, forgoing my stupidity in beginning repayments, is it feasible for them to reinstate the default in any capacity? it isnt listed at all on my credit file, either by them or the original creditor.

 

many thanks again guys!

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If you've set up a DD make sure that it is really cancelled because there have been a few instances of late where DCAs have withdrawn monies and the banks have allowed it claiming that the customer had authorized it by giving their DD details to the DCA in the first place.

 

is it feasible for them to reinstate the default in any capacity?

 

Only one default can be registered against a debt, they cannot add it again once it has dropped off your credit file.

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thanks for that guys,

 

so, if they fail to produce the cca they will not be able to chase me for it i understand, and it will not appear on my credit file again as its over 6 years since original default and whilst i may be morally obliged to pay the debt back and it will still exist, to all intents and purposes there will be no evidence of it? am i right in thinking that or blinkered?

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The default will only be on your credit file for a 6 year period from the date you defaulted on the account. 8 missed or not pre-arranged payments= 1 default. As far as i know Agreements have to be produced to enforce debts prior to 2006, i.e no Agreement= unenforceable debt by law. The DCA must also inform you that their is no Agreement if that is the case.

 

Regards.

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